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(영문) 광주지방법원순천지원 2016.02.17 2015가단15102

대여금

Text

1. The defendant shall pay to the plaintiff KRW 115,00,000 as well as 5% per annum from August 25, 1993 to December 15, 1995, and December 16, 1995. < Amended by Act No. 4987, Dec. 16, 1995>

Reasons

1. The following facts are recognized as a whole by integrating the purpose of the entire pleadings in each entry in Gap evidence 1 and 2:

A. The plaintiff lent to the defendant interest rate of KRW 125 million on November 30, 1991 to the defendant on August 24, 1993. However, the defendant filed a lawsuit claiming the return of deposit for lease on a deposit basis under this court 93Gahap4039 and rendered a favorable judgment from the above court. The defendant appealed to the above judgment of the first instance court 95Na1582, Gwangju High Court, but the above court accepted the plaintiff's claim for the loan of KRW 115 million on the exchange of the plaintiff on December 15, 199, and "the defendant accepted the plaintiff's claim for the loan of KRW 115 million from August 25, 1993 to December 15, 1995, and the amount of KRW 150 million from the next day to December 15, 1993 to 209Da66680, Jun. 6, 196.

B. The Plaintiff filed a lawsuit seeking a loan with this court 2005Gahap2432 for the interruption of extinctive prescription of the principal and interest of the loan claim based on the above final judgment, and the above court rendered a judgment on December 22, 2005 that "the Defendant shall pay to the Plaintiff 15 million won and the amount equivalent to 5% per annum from August 25, 1993 to December 15, 1995, from December 16, 1995 to December 28, 2002, 25% per annum and 20% per annum from December 29, 2002 to December 29, 2006." The above judgment became final and conclusive as is on January 19, 206.

C. On October 2, 2015, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the claim for the principal and interest on a loan based on the final and conclusive judgment.

2. According to the above facts of recognition, the defendant's judgment shall be 5% per annum from August 25, 1993 to December 15, 1995, 25% per annum from December 16, 1995 to December 28, 2002, and from December 29 to September 30, 2015, as requested by the plaintiff. < Amended by Presidential Decree No. 14875, Dec. 29, 2002; Presidential Decree No. 17817, Dec. 29, 2002>